Trent W. Buck <trentbuck(a)gmail.com> wrote:
Out of curiosity, are all of these rights guaranteed
to .au citizens
by the federal constitution (or whatever)?
As said here, Australia does not have a Bill of Rights in a written form.
Here one example where it makes a difference:
The first chapter of the German constitution is such a "Bill of Rights".
There is, amongst others:
http://www.iuscomp.org/gla/statutes/GG.htm#16
"No German may be extradited to a foreign country."
This would be quite helpful for Assange.
While Germany went into agreements as the European Arrest Warrant,
the accompanying law, "Gesetz über die internationale Rechtshilfe" states
clearly (amongst others, as the expectation of a fair process, no death
penalty, and that the crime has to be crime according to German law as
well) that
- every court case related to the extradiction has to be clearly defined,
and
- a further extradiction into another country needs the approval by the
Germans
(
http://www.gesetze-im-internet.de/irg/__11.html, sorry, just Germen)
A German citizen knows that way where he is at, and that his government
need to agree to a further extradiction as Assange may fear.
I suspect the Australian government doesn't have an interest to clarify
its position in the Assange case, and it does not have any obligation to
do so.
(Clarification: I don't want to start a discussion about "Assange - right
or wrong?", I just use its case to show when a Bill of Rights makes a
difference).
Regards
Peter